How does consent apply to transactional vs promotional messages?

Transactional messages (order confirmations, shipping notifications, password resets, account alerts) generally don't require marketing consent because they fulfill a contractual obligation or service the customer requested. When someone makes a purchase, they implicitly expect a receipt-no separate opt-in needed. However, transactional content must be genuinely transactional, not marketing disguised with a shipping header.

Promotional messages (sales announcements, newsletters, product recommendations, marketing campaigns) require consent under opt-in jurisdictions like GDPR and CASL. Even in opt-out jurisdictions like CAN-SPAM, promotional emails must include unsubscribe mechanisms and comply with content requirements. The distinction matters legally: mislabeling promotional emails as transactional violates compliance requirements.

The gray area: hybrid emails containing both transactional information and promotional content. An order confirmation that includes \"customers also bought\" recommendations blends both types. Regulators generally evaluate based on primary purpose. If uthe email is fundamentally promotional with transactional elements added to avoid consent requirements, it's promotional. Keep transactional emails genuinely transactional; if you want to cross-sell, use separate promotional communications with proper consent.